2013471 (Refugee)

This matter concerned an application for a protection visa by individuals who claimed to have left Malaysia due to discrimination based on their Chinese ethnicity and threats from Malay Muslim individuals. The applicants alleged that their businesses, which cooked pork, were targeted, and they feared harm if returned to Malaysia, believing the authorities would not protect them. The Tribunal was required to determine whether the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there were substantial grounds to believe they would suffer significant harm as a consequence of removal to Malaysia.

In its reasoning, the Tribunal considered the applicants' claims in light of the criteria for a protection visa under section 36 of the Migration Act 1994 and the Refugees Convention. The Tribunal acknowledged the importance of a reasonable approach to credibility assessment, referencing Full Federal Court guidance and the UNHCR Handbook. However, it also noted that an applicant's statements must be coherent, plausible, and not contrary to generally known facts. The Tribunal found that while there might be low-level official discrimination in Malaysia, the applicants had not established a well-founded fear of persecution or a real risk of significant harm that would engage Australia's protection obligations.

Ultimately, the Tribunal affirmed the decision not to grant the applicants Protection visas, finding that they did not satisfy the criteria under section 36(2) of the Act, including the refugee criterion or complementary protection grounds. The Tribunal also noted that the applicants did not qualify as members of the same family unit as a person who held a Protection visa.